MISCELLANEOUSCentral

Section 101 of The Waqf Act, 1995

101. 1[Collector], members and officers of the Board, deemed to be public servants.--- (1) The 1[Collector], members of the Board, every officer, every auditor of the Board and every other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of 2[clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].

(2)Every mutawalli of a 3[waqf], every member of managing committee, whether constituted by the Board or under any deed of 3[waqf], every Executive Officer and every person holding any office in a 3[waqf] shall also be deemed to be a public servant within the meaning of 2[clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].

Summary

Various officials related to waqf management are officially classified as public servants.
This list includes the Collector, Board members, Board officers, and Board auditors.
Anyone else appointed to perform duties under this law is also a public servant.
The definition of public servant is taken from the Bharatiya Nyaya Sanhita, 2023, specifically clause 28 of section 2.
Importantly, mutawallis (managers of specific waqf properties) and members of managing committees are also considered public servants.
Even regular employees or people holding any office in a waqf fall under this classification.

Practical examples

1Mrs. Khan is a mutawalli managing a local mosque's property. Because of Section 101, she is treated with the same legal status and responsibilities as a government officer while performing her duties.

2An auditor checking the Board's books is threatened by someone. Because Section 101 makes the auditor a public servant, the person who made the threats can face the same severe penalties as if they had threatened a police officer.

FAQ

1. Does Section 101 of The Waqf Act, 1995 consider a mutawalli to be a public servant?

Yes, Section 101 of The Waqf Act, 1995 explicitly states that every mutawalli of a waqf shall be deemed to be a public servant.

2. Which law defines "public servant" for Section 101 of the Unified Waqf Act?

Section 101 of the Unified Waqf Act refers to clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023.

3. Are auditors of the Board included in Section 101 of the Waqf Law?

Yes, Section 101 of the Waqf Law includes every auditor of the Board in the list of people deemed to be public servants.

Test yourself

Q1.Under Section 101 of The Waqf Act, 1995, which group is specifically "deemed to be public servants"?

Q2.According to Section 101 of the Unified Waqf Act, which specific section of the Bharatiya Nyaya Sanhita, 2023 is referenced?

Q3.Under Section 101 of the Waqf Law, who else besides Board members is included in sub-section (1)?

Q4.Under Section 101 of The Waqf Act, 1995, is a member of a managing committee formed under a waqf deed a public servant?

100PreviousSection 100 Protection of action taken in good faith.102NextSection 102 Special provision for reorganisation of certain Boards

←Section 100 Section 102→